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leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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hi, i have just received a claim form from the county court

Customer Question

hi, i have just received a claim form from the county court bulk center stating the claimants claim is for the amount due and outstanding under a regulated hire purchase agreement following disposal of the subject goods. whilst i don't dispute the amount owed i have not disposed of the goods they are still and always have been in my possession. can they still make this claim under these particulars and what should i do there is only provision on the claim form for if i dispute owing or the amount of money no provision for me to contest the claim that i have disposed of the goods.

thank you michael
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

So in short you agree that you owe the money?
Customer: replied 4 years ago.

yes i agree i owe the money

Expert:  leanne-jones replied 4 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

How much are they claiming?
Customer: replied 4 years ago.

hi, they are claiming £ 9038.79 plus court fees of £ 190 and solicitors fees of £ 100. its for an harley davidson motorcycle i was paying my contractual monthly payments of around £ 189 but then ran into dificulties the original agreement was with black hoarse finance (though this debt as now been passed on i believe) they sent some one round to and iofferd to make reduced payments till my circumstances changed but they said no the minimum they would except was £500 per month of the arrears (at that time was £2000) plus my monthly contractual payment i couldn't afford this so did nothing they couldn't take the bike back as id paid so much off i think over a third, they then asked if id voluntarily give the bike back and i said yes if they could give me assurances that the debt would be cleared they said they would put a reserve on the bike for auction purposes of approx £6000 (but wouldn't guarantee that) i had just had the bike valued signed and stamped by harley davidson at £ 13000 so i refused to voluntarily return the bike, and so it went on

Expert:  leanne-jones replied 4 years ago.
Thanks. You should file a defence stating that you accept the arrears but that you are still in possession of the vehicle.

It has not been disposed of and if you hand it back, the bike will be sold. Once it is sold those proceeds will be credited to the balance. This may or may not clear the outstanding. But that is a risk you take. It will be sold at auction.

But file a defence stating you still have possession.

I hope I have answered your question and if I can be of any further assistance please do not hesitate to contact me.